civus
Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

and then even though we have a 10th street address this is the 10th street side by the way

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even though we have a 10th street address really we're on ontario and that's where the

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the industrial uses across the street but everything all the all the traffic and everything

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else is on uh the ontario side and then this is our orange notice poster on both public streets

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for and that shows our proof of posting and then this is just showing the use has been consistent

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for the over the last uh 10 years and then this is north 10th street to the right of the property

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to the left of property and then you can see here the industrial use that was mentoring

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mentioning and then this is west ontario to the right of the property and then to left their

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property again the industrial use that's kind of here and then this is just you know pictures from

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their website that you know they're a pretty well regarded event planning space

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plans and drawing simple floor plans so we do have

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while there is a commercial kitchen here with venting through the roof they don't typically

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cook on the premises they have an off-site facility where they do the cooking this is

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merely merely for warming and you know for for flow for the event but they do have a commercial

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kitchen and um they have venting through the roof and that's all existing um but as you can see here

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a decent floor space for the events, even a stage for music, a bar area.

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Again, they have what's called a catering liquor license,

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where they are legally allowed by the PLCB to have liquor at the premises,

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and it's all regulated by the state.

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There's the existing toilets, and then there's the office for administrative purposes.

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Our RCO meeting notice, we had our meeting on October 17. We emailed that notice to the community members, leaders, excuse me, two weeks prior to that, along with proof of mailing of that notice to 97 addresses, proof of mailing to those addresses, which we show the community leaders.

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Our application for appeal that we filed on behalf of Suite 215 Events, LLC, along with the notice of refusal and the project information form and the deeds of property showing that Suite 215 Events is the owner.

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And then the certificate of tax clearance showing that my client does not owe any taxes to the city, real estate taxes regarding this property.

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A couple of things of note, whenever they have an event, they have security on the premises. They always have a representative from their organization as well as part of any event. They have cameras outside, the place is pre-lit, and they require insurance from any person who's operating an event on their premises.

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I think that's about it.

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I would, and of course, obviously we can answer any questions from the board. I do have Shawna Lester, a representative from Suite 215 Events LLC.

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And of course, obviously, we can answer any questions from the board.

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Is she in the virtual audience, Mr. Nocklemson?

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She should.

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She's been unmuted. Okay, she had her hand up, but she put it down. Ms. Lester, can you put your virtual hand back up?

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Ms. Lester has been unmuted and allowed to speak.

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Lester, could you please state your name and spell for the sonographer?

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Yes, Shawna Lester, S-H-A-W-N-A-H, Lester, L-E-S-T-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, Ms. Nockamson.

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Yes, Ms. Lester, you heard everything I had to say today about this zoning matter.

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Yes. And is it true and correct? Yes. And do you adopt it as your own testimony? Yes. Thank you.

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Mr. Nackamson, before we start, could you tell me where you got the times from and

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what's the purpose of changing the times? Just you think you'll make more business or

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tell me about the times. Yeah. So they've been in business for about a decade and they feel like

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that especially with their events you know there have been some people who have been preferring to

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have that extra hour and you know again we've had no issues with the community and in in actuality

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when we have the community meeting there are a couple people in the neighborhood who lived close

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by who's who who confirmed that to the community leaders you think you need midnight on monday to

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Wednesday too? That's what my client would prefer. I always defer to the board in that.

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I mean, obviously the board, he has a ton of event planning space, you know, variance requests or

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special exceptions. There's always a concern about having too much use. And I, and I understand that

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this has been previously approved over a decade ago with a little lesser use. There's been no

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issues um i would say at the very least the the the thursday friday saturday and potentially

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sunday would be you know something that we would extremely um appreciate that additional uh you

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know time for 2 a.m um but that's i i believe it to the discretion of the board questions from the

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board so so i'm just trying to get the clear so the so currently the end time is what um let me

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No, it's here. It's 11 p.m. hours later, 11 p.m. on Sunday to Thursday, and 1 a.m. Friday to Saturday.

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The RCO, the community, was okay with the 2 o'clock time?

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So all I can tell you is that we attended a meeting with 20 individuals. We did not hear any negative reaction to that request. And there were a few individuals in the community who reaffirmed that we've been a responsible operator. We don't have a letter. So that I can tell you, we've been asking for that letter to confirm our understanding.

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i don't remember if they i would have to ask mr goldberg if they voted in front of us

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um i feel like they did i don't want to misstate anything i can you know ask mr goldberg to text

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me to confirm that they voted in front of us but we do have a letter of non-opposition

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from the district council member so um i under also understand that that of those 20 people in

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the meeting there were a lot of like there was a ward leader and multiple committee members because

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was a separate meeting as well and so i think maybe that's why uh council member young sent

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the letter his letter without even hearing the letter uh getting the letter from the uh coordinating

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rco because i think it was confirmed to him that there was no issue with his request

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okay so i'm gonna go back to the question chairman bergman asked which is

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it's an extra hour

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for

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you're asking for an extra hour

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basically

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Sunday, Thursday, and Friday through Saturday

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is that for

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yeah

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so it looks like from again

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I'm just looking at the refusal

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because it indicates the previous allowance

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and there was a proviso in there

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it looks like from the

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proviso in the previous allowance

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of the previously requested variants.

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It looks like Thursday was until 11 p.m.

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So we're asking for a few extra hours there.

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We're asking for a few extra hours there.

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And then Friday and Saturday, there was an allowance until 1 a.m.

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And then Friday and...

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So we're asking for Thursday through Sunday until 2 a.m.

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Okay.

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So it'll be three more hours on the Sunday and the Thursday and one more hour on Friday and the Saturday.

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Yeah.

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And then my clients requesting, and I leave it to the board's discretion, Monday through Wednesday, they were looking until midnight, which would be an additional hour of what's previously allowed.

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Was that part of what the refusal said or what the request was?

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Well, that's what we presented in front of the committee.

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Oh, that's so that those restrictions that I previously stated.

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Yeah, that's in the previous approval.

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So if you look at the notice of refusal, it actually referenced it in the notes of what was allowed and then the provisos.

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What we presented in front of the community is that we would like to operate Monday through Wednesday until midnight and Thursday through Sunday until 2 a.m.

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And we would ask for those provisos to be implemented based on what we heard from the community and the fact that we've operated as a responsible business for the last 10 years.

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Okay. And again, I guess I'm just asking, you've been doing this for 10 years. So under these hours, why the change, what's the additional hours going to allow you to do in terms of events that you're not doing now?

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Well, I think the thing is, is that there's some place there's some individuals who don't want our space. And, you know, again, they they they've been asked enough times over the years that they've, you know, they've hired me to go through this very long, expensive process to say it makes enough economic sense based on the money that they're losing because of the limitation of hours.

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Plus, again, if you look at even the approval, it talks about it being a social private club, which, you know, for members only, which is not what the actual use is, and they're trying to clean that up, too.

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Okay.

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Okay, thank you.

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You're welcome.

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Other questions from the board?

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Questions or comments for our attorney?

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um excuse me just briefly um mr nogamson is this is this um facility it's being rented out

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like for private events is that okay that's what yes okay all right so i don't think it's in the

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right category um but i know the the code language is a little odd in that regard because it says 50

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or more under the nightclubs and public entertainment venues and it doesn't specify

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a number under the event facilities, but this sounds more like an event facility.

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I would like to see that corrected, if possible, before the board votes on it, or at least

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check with L&I to make sure it's in the right category, because based on what you described

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is happening there, it's not in the correct category.

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But I know that 50 or more number is cause for confusion, and this is newer definition

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in the code.

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So I'm not sure how that's being interpreted.

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Yeah, I mean, again, I defer to the board and obviously it's counsel to put this in the right category.

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I mean, we stated, you know, in our application, the, you know, proposed use and, you know, we get the refusal based on that.

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Mm hmm. Right. No, I just I would just like to double check because I mean, unless unless the interpretation is anything that's 50 or more just goes into that bucket, then that's one thing. But it doesn't really it doesn't make sense for because there's certainly event facilities that are more like private event facilities like this that are more than 50 people.

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um so it seemed like it should be in a different category so if if we could just hold it for one

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week i've already put in a question to ellen i to ask them about how this is interpreted um just to

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to clarify because if um if it's not correct we should update the refusal but if it is correct

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then it's then that's correct but it's not at this point if it is correct and maybe we can get

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the letter from the community group as well within that week period yes yeah maybe yes that's true we

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leave the record open for that as well. Questions or comments from the virtual audience?

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I see no answer this time, Chair. Planning Commission. This is Ron Bednar, City Planning.

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This is Ron Bednar, City Planning. Again, while this property is currently indicated for residential on the city plan, given the site's documented use history, its physical condition, we recommend the equestrian variance for assembly and entertainment uses be granted.

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Hillary, we'll look to do this next week at 2 p.m.?

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Yes.

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Okay.

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Mr. Nockmson, will you reach out to the RCO one more time and just let them know?

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We'll be voting this next week if they'd like to provide a letter.

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Of course.

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All right. Thank you.

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Thank you, Mr. Nockmson.

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Thank you.

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Number four.

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I'm sorry.

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Number five.

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MI 2024-001-323-1204 Wilder Street.

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camille deering and walter deering applicant owners it's pro se there's a letter of opposition

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from passion square a letter of opposition from council member squilla camille deering

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please raise your virtual hand she's coming back in as a panelist now chair

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hi could you state your name please and spell for the stenographer

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I apologize for the delay. My system is running slow. She should be coming back in now.

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First, could you put on your video, please?

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Yep. There we go.

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Camille, you're going to testify?

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Yes.

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Okay. Could you state your name and spell for the court stenographer?

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Camille Deering, C-A-M-I-L-L-E, Deering, D-E-A-R-I-N-G.

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Confirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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So this application is for the demolition of a rear two-story portion and for the erection of a rear four-story addition,

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as well as the erection of a two-story addition over the existing two-story portion with roof deck.

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No change in use to existing single-family attached structure.

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The maximum building height in the RSA 5 zoning district is 38 feet, whereas 41 and a quarter inches are proposed.

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An eight-foot setback above the second floor is required if the budding lots on both sides of the attached building contain only two stories of occupied space, whereas the setback is proposed.

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Our vice chair has a few questions to ask you, okay?

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Okay.

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And I do want to let you know, we have our architect on the line, Ian Toner, to answer any specific questions.

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Why don't we let our vice chair?

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Good afternoon, ma'am.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Okay.

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You can proceed and you can share your screen.

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There's a green button at the bottom of the screen.

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What we'll do is you do the testimony and there's anything that the board needs.

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We'll go to the architects for comment, the architect for comments.

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OK. OK.

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OK, so, yeah, our.

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Green button on the bottom.

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Yeah, you're coming up.

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I see the toner drawings.

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Yes.

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Yeah.

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I'll just share the drawings.

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Um, so our proposal is to, um, are currently our property at 1204 Wilder Street is a single

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family two-story home.

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Um, and our proposal is to add a third story and partial third, partial fourth story addition.

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Um, I guess the main reason we want to do this project is because we are planning on

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having kids in the next few years. And we just need the additional space to grow into. As it is

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currently constructed, we will likely have to move out in the next few years. And we really like this

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area and we want to stay in the neighborhood for years to come. Additionally, we both work from

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home. So having that additional space to be productive in our jobs would be really beneficial.

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um and lastly our um both of our parents live out of town and so they come to visit us a lot

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and having um that additional space to host them when they do come to visit

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um is kind of what we're what we're hoping for here um so here's this is drawing we have

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um so here's this is drawing we have why don't we do this could you start with the uh

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what the building looks like now why do you start with that yeah the building in the block where

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you're at now yeah yeah so this is the that's your house now the current home yep there's only notice

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in the window? Yes. This is the back of the house. The house is two floors too, am I correct?

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Correct, yes. And then this is the other side of the house with the other neighbor,

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neighboring home. So this right now has a space here. We would demo the kitchen here

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and build it back square

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to the rest of the house.

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This is the deed that shows

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our names here as owners.

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We're at 1204.

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We have the letter of authorization for both Walter and I as owners.

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